# Mr. Donald Sugerman — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 09-0225
- **title:** Mr. Donald Sugerman — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2009-11-25
- **effective on:** Not available
- **summary:** 09-0225 concerning 172.101.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0225.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0225.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0225
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090225.pdf
**body:**

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U.S. Department of Transportation Pipeline and Hazardous Material
Safety Administration
1200 New Jersey Ave, S.E
Washington. D.C. 20590
NOV 2 5 2009
Mr. Donald Sugerman
2998 Geddes Avenue
Ann Arbor, MI 48104-2725
Ref. No.: 09-0225
Dear Mr. Sugerman:
This responds to your letter dated September 30, 2009, regarding the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180), as they apply to the transportation of alkaline
dry cell batteries collected and shipped for recycling. Specifically, you ask whether alkaline
dry cell batteries collected from households for recycling must be transported in accordance
with the HMR.
The HMR govern the safe transportation ofhazardous materials in commerce. A state
agency, such as a county recycling program collecting spent batteries, or local jurisdiction
that transports hazardous materials for governmental purposes using its own personnel is not
engaged in transportation in commerce and, therefore, is not subject to the HMR. However,
if the state agency or local jurisdiction transports hazardous materials for a commercial
purpose, utilizes contract personnel to transport the materials, or offers a hazardous material
for transportation to a commercial carrier, then the HMR apply.
The HMR prohibit the transportation of electrical devices that are likely to create sparks or
generate a dangerous quantity of heat, unless the devices are packaged in a manner that
precludes such an occurrence. However, certain dry, sealed batteries are not subject to the
prohibition and are excepted from full regulation under the HMR when they are securely
packaged and offered for transportation in a manner that prevents a dangerous evolution of
heat and protects against short circuits in conformance with § 172.1 02( c)( 1), Special
Provision 130.
Additionally, on June 23, 2009, our Office issued several letters ofinterpretation stating that
based on test data provided, spent 1.5-volt alkaline dry cell batteries are not subject to the
provisions for secure packaging and prevention of a dangerous evolution ofheat and
protection against short circuit under the HMR, when transported by highway or rail, because
they are not likely to generate a dangerous quantity of heat nor are they likely to short circuit
or create sparks when they are transported in a packaging with no other battery types or
chemistries present.

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After further consideration and analysis ofdry, sealed battery chemistries and sizes and based
on information available to us, it is the opinion ofthis Office that used or spent dry, sealed
batteries ofboth non-rechargeable and rechargeable designs, described as "Batteries, dry,
sealed, n.o.s." in the Hazardous Materials Table in § 172.101 ofthe HMR and not
specifically covered by another proper shipping name, with a marked rating up to 9-volt are
not likely to generate a dangerous quantity ofheat, short circuit, or create sparks in
transportation. Therefore, used or spent batteries ofthe type "Batteries, dry, sealed, n.o.s."
with a marked rating of9-volt or less that are combined in the same package and transported
by highway or rail for recycling, reconditioning, or disposal are not subject to the HMR.
Note that batteries utilizing different chemistries (i.e., those battery chemistries specifically
covered by another proper shipping name) as well as dry, sealed batteries with a marked
rating greater than 9-volt may not be combined with used or spent batteries ofthe type
"Batteries, dry, sealed, n.o.s." in the same package. Note also, that the clarification provided
in this letter does not apply to batteries that have been reconditioned for reuse.
We welcome feedback from private citizens and the hazmat safety community on ways to
improve transportation safety. Questions or concerns may be directed to the Hazardous
Materials Information Center at 1-800-HMR-4922 or 1-800-467-4922. You may also access
the U.S. Department ofTransportation, Office ofPipeline and Hazardous Materials Safety
Administration's (PHMSA) website at http://www.phmsa.dot.gov/hazmat.
I hope this satisfies your inquiry. Ifwe can be of further assistance, please contact us.
Sincerely,
9t~~
harles E. Betts
. ef, Standards Development
o ofHazardous Materials Standards

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Ann Arbor, MI 48104-2725
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September 30, 2009
Pipeline and Hazardous
Materials Safety Administration
U.S. Department of Transportation
1200 New Jersey Ave SE
Washington DC 20590-0001
Re: Disposal/Household Batteries:
Dear PHMSA:
This past summer, after accumulating well over a hundred batteries (hearing
aid, AAA, AA, C and D), I put them in a labeled container and placed them outside my
house for recycling - as I have often done over the years. They were not accepted
and a pre-printed note was left stating that each end of each battery had to be taped
and then put into a sealed plastic packet. I was surprised and went to the EPA's
website to find out what was going on. While I did riot get an immediate answer, I
noted that batteries like the type I use, can be put in the regular waste and do not
have to be recycled. I do not want to do this, but I do not want to tape each battery
either. I finally heard from EPA and was told that taping was a regulation promulgated
by the US Department of Transportation. Thus, this letter.
My questions to you are: Ifmost people continue to simply throw their batteries
away (as I suspect they do), and those who recycle stop dOing so, isn't the regulation
counter-productive? If batter,es cause fires when transported in bulk, will not this
problem simply be transferred to the regular waste collection vehicles? While I know
that fires are serious matters, I wonder about the number of confirmed 'fires that led
to the regulation and whether it was found that household batteries caused them? If
they did not, might the regulation be extreme? I hope you will respond fairly soon.
Thanks.
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